OnTheIssuesLogo

Amy Coney Barrett on Education

 

 


Schools are limited in regulating student off-campus speech

Summary by OnTheIssues: When then-14-year-old Brandi Levi did not make her school's varsity cheerleading squad, she posted on Snapchat "F--k school f--k softball f--k cheer f--k everything." As a result, she was suspended from the junior varsity squad for a year.

Majority opinion: The Court ruled 8-1 that though there might be circumstances in which off-campus speech might fall under the purview of the school, this did not qualify. It did not involve bullying or threatening behavior, nor did it cause any disruptions at the school. Written by Breyer; joined by Roberts, Alito, Sotomayor, Kagan, Gorsuch, Kavanaugh, & Barrett.

Concurring opinion: Alito, joined by Gorsuch, focused on when a school is acting in loco parentis, agreeing that was not the case here.

Dissenting opinion: Thomas argued that, historically, a school can regulate off-campus speech if it has a tendency to harm the school, faculty, students, or programs.

Source: 2020 SCOTUS rulings: Mahanoy Area School District v. B.L. , Jun 23, 2021

  • Click here for definitions & background information on Education.
  • Click here for a profile of Amy Coney Barrett.
  • Wiki Profile of Amy Coney Barrett.
  • Click here for VoteMatch responses by Amy Coney Barrett.
  • Click here for AmericansElect responses by Amy Coney Barrett.
  • Click here for all excerpts for Amy Coney Barrett.
Other Justices on Education: Amy Coney Barrett on other issues:
Samuel Alito(since 2006)
Amy Coney Barrett(since 2020)
Stephen Breyer(since 1994)
Neil Gorsuch(since 2017)
Ketanji Brown Jackson(nominated 2022)
Elena Kagan(since 2010)
Brett Kavanaugh(since 2018)
John Roberts(since 2005)
Sonia Sotomayor(since 2009)
Clarence Thomas(since 1991)

Former Justices:
Merrick Garland(nominated 2016)
Ruth Bader Ginsburg(1993-2020)
Anthony Kennedy(1988-2018)
Antonin Scalia(1986-2016)
John Paul Stevens(1975-2010)
David Souter(1990-2009)
Sandra Day O'Connor(1981-2006)
William Rehnquist(1975-2005)

Party Platforms:
Democratic Platform
Green Platform
Libertarian Platform
Natural Law Platform
Reform Platform
Republican Platform
Tea Platform
Abortion
Budget/Economy
Civil Rights
Corporations
Crime
Drugs
Education
Energy/Oil
Environment
Families/Children
Foreign Policy
Free Trade
Govt. Reform
Gun Control
Health Care
Homeland Security
Immigration
Infrastructure/Technology
Jobs
Principles/Values
Social Security
Tax Reform
War/Iraq/Mideast
Welfare/Poverty
Search for...





Page last updated: Mar 20, 2022